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LYNCH v. HOWELL

No. 34277.

86 N.W.2d 364 (1957)

165 Neb. 525

James H. LYNCH and Kenneth Newman, Appellants-Cross-Appellees, v. Sam J. HOWELL, County Treasurer of Douglas County, Nebraska, et al., Appellees-Cross-Appellants.

Supreme Court of Nebraska.

November 29, 1957.

Attorney(s) appearing for the Case

Fitzgerald, Ross & O'Connor, Omaha, for appellants.

Eugene F. Fitzgerald, County Atty., George C. Pardee, Gus H. Seig, Harry H. Foulks, Jr., Edward F. Fogarty, Bernard E. Vinardi, Neal H. Hilmes, Irving B. Epstein, William Ross King, Herbert M. Fitle and Frederick A. Brown, Omaha, for appellees.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE and BOSLAUGH, JJ.

CARTER, Justice.

This is a class action commenced in the district court for Douglas County to have declared null and void certain taxes levied on August 9, 1956, by the City of Omaha, the Metropolitan Utilities District of Omaha, and the University of Omaha on property known as Parcel 3, located within an area annexed by the city on July 19, 1956. The trial court found the taxes so levied to be valid and dismissed plaintiffs' petition. Plaintiffs appeal.

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